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' The relevant part of that decision [Hani] states that someone such as the appellant could not succeed unless they had a lawful basis of stay in the United Kingdom at the specified date of 31 December 2020. In this case, the appellant's lawful basis of stay had ended in 2015. So, although the First-tier Tribunal Judge seems to have gone wrong in his analysis, his ultimate decision that the appeal should be dismissed was correct .'
"(1) A person (P) in a durable relationship in the United Kingdom with an EU citizen has as such no substantive rights under the EU Withdrawal Agreement, unless   P's entry and residence were being facilitated before 11pm GMT on 31 December 2020 or P had applied for such facilitation before that time .
(1)    The effect of paragraph (b)(ii)(bb)(aaa) of the definition of "durable partner" in Annex 1 of Appendix EU to the Immigration Rules, as inserted by Statement of Changes HC 813 (from 31 December 2020 to 11 April 2023), is that a person who was in a durable partnership but did not have a "relevant document", and who did not otherwise have a lawful basis of stay in the United Kingdom at the "specified date" of 31 December 2020 at 11.00PM, is incapable of meeting the definition of "durable partner"
The appellant's appeal against the Secretary of State's decision remains dismissed.
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